revise a provision related to criminal invasions of privacy, prohibit the creation and distribution of digitally fabricated material of an identifiable individual, and provide penalties therefor.

Stronger protections against intimate image abuse

South Dakota law bans knowingly and intentionally creating, sharing, or selling digitally fabricated intimate material of an identifiable person. The person depicted must not have consented to or known about the conduct. An ordinary viewer must believe the material shows that person nude or engaged in specified sexual conduct. The actor must intend self-gratification or to alarm, annoy, embarrass, harass, invade privacy, threaten, or cause emotional, financial, physical, psychological, or reputational harm. This offense is a Class 5 felony. The law also bans intentionally photographing or visually recording someone nude, partly clothed, or in a sexual act with another person to view their body or undergarments. This ban applies without the person's consent or knowledge and with intent to self-gratify or alarm. Disclosing, sharing, selling, or using those images is also banned. These recording and image-use offenses are Class 1 misdemeanors; subsequent violations are Class 6 felonies. They are also Class 6 felonies when the victim was 17 or younger and the offender was at least 21 when the image was made.